Articles From 2016

Summary of new Illinois education laws effective January 1, 2016 By Phil Milsk Education Law, April 2016 Recent legislation of interest to education law practitioners.
Summary of seminar on post-Provena: Illinois’ not-for profit property tax issues, Part 1 By William Seitz State and Local Taxation, October 2016 A recap of “Post-Provena: Illinois’ Not for Profit Property Tax Issues, Part 1” and an overview of Part 2, to be held on November 16th.
A summary of the Trusts & Estates Section’s April 2016 business meeting Trusts and Estates, September 2016 Learn more about the current activities of the Trusts & Estate Section.
A summary of the Trusts & Estates Section’s June 2016 Business Meeting By Colleen Sahlas Trusts and Estates, November 2016 Find out what this section's been up to.
A summary of the Trusts & Estates Section’s October 2015 business meeting Trusts and Estates, January 2016 A look into the Section's recent activities and accomplishments.
Supreme Court Announcements By J.A. Sebastian Administrative Law, March 2016 On January 22, 2016, the Court announced the mandatory e-filing of civil cases in the Illinois Supreme Court and Appellate Court effective July 1, 2017.
Supreme Court provides guidance on the use of race as a factor in university admissions By Everett Nicholas Education Law, August 2016 A summary of in which a female applicant to the university was denied admission and sued, alleging that its consideration of race in regard to her application violated the Equal Protection Law.
Supreme Court Rule changes: 2015 end-of-year report By Hon. Lloyd A. Karmeier Young Lawyers Division, February 2016 A brief summary of the recent significant changes to the Illinois Supreme Court Rules.
Supreme Court rulings to watch By Carl R. Draper Labor and Employment Law, February 2016 The United States Supreme Court has granted certiorari in a couple of labor and employment cases that will be worth noting for all lawyers practicing employment law.
Supreme Court supports circuit court’s discretion to deny a motion to substitute judge in refiled case By Edward Casmere Bench and Bar, January 2016 In Bowman v. Ottney, the Illinois Supreme Court held that trial courts have discretion to deny a motion for substitution of judge in a refiled case when the motion is presented to the same judge who made substantive rulings in the previously dismissed case.
Supreme Court to decide on Imburgia v. DIRECTV By Adam Sehr Alternative Dispute Resolution, January 2016 The Supreme Court is set to decide on Imburgia v. DIRECTV which will question whether or not DIRECTV will be able to enforce a provision in its contract with its customers requiring they engage in arbitration rather than litigation with the company.
Supreme Court upholds precedent in DIRECTV v. Imburgia By Adam Sehr Alternative Dispute Resolution, April 2016 On December 14, 2015 the U.S. Supreme Court ruled in favor of DIRECTV, reversing the opinion of the California Appellate Court in DIRECTV v. Imburgia.
Syngenta: Billions at stake By Kristine A. Tidgren Agricultural Law, March 2016 If you’re a corn farmer in Iowa, you’ve undoubtedly received numerous mailings or phone calls from attorneys seeking to represent you in massive litigation pending against Syngenta.
Szafranski v. Dunston: A case note By Nicole Jaderberg Family Law, May 2016 The First District Appellate Court addressed the issue of embryo disputes in Szafranski v. Dunston
Taking a default By Daniel Kegan International and Immigration Law, February 2016 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.
Taking on mandatory arbitration at for-profits and its effects By Hubert Zanczak Alternative Dispute Resolution, June 2016 Currently, most for-profit higher education institutions require students to sign an arbitration agreement as a condition of enrollment. The weights of justice are tilted toward the institutions from the start by forcing students to give up their rights to litigation and rather to concede to arbitration of their claims.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Alternative Dispute Resolution, January 2016 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
Tax sale purchase deemed fraudulent transfer By Megan G. Heeg Real Estate Law, July 2016 In Smith v. Sipi, LLC, a decision that could have a chilling effect on the Illinois real estate tax buying process, the Seventh Circuit held that a tax buyer was liable to a debtor in bankruptcy for a prior Illinois real estate tax sale on the basis that the tax sale was a fraudulent transfer.
Tax scams hit home By Kathryn Garlow Business Advice and Financial Planning, March 2016 Tips and suggestions to help your client avoid scams.
Tax scams hit home By Kathryn Garlow Federal Taxation, March 2016 Tips and suggestions to help your client avoid scams.
Tech tips By Don Mateer Senior Lawyers, June 2016 Author Don Mateer provides four suggestions to make your phone, computer, and e-mails a little more user-friendly.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann Environmental and Natural Resources Law, November 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann Animal Law, September 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann Agricultural Law, August 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
Ten steps for successful conversations with difficult clients By Ken Stalkfleet Young Lawyers Division, December 2016 Difficult clients can pose an especially big challenge for young attorneys. Apply these steps to have more productive conversations with your clients and to improve your overall practice.
Ten tips for preparing for the bar exam By Jenna K. DiJohn Young Lawyers Division, December 2016 The author shares her tips and suggestions for getting ready for the bar exam.
Texas judge puts temporary halt on recent transgender guidance By Jonathan Helwink Education Law, September 2016 Texas v. U.S., together with a nearly identical lawsuit filed in Nebraska, is the latest in a number of transgender rights cases across the country.
Thank you to our authors By Jennifer Bunker Trusts and Estates, August 2016 A list of each author and the article they contributed to this newsletter over the past year.
Theories of contractor liability for jobsite inuries By Jason G. Schutte & Eric Waldman Construction Law, February 2016 This article outlines the theories of contractor liability for jobsite injuries under Restatement (Second) of Torts §414 and § 343, as well as the various exceptions to these theories and rules under Illinois law.
Third Annual Immigration Law Update Live Webcast By Tejas Shah & Scott Pollock International and Immigration Law, June 2016 On January 22, 2016, the ISBA’s International and Immigration Law Section presented its 3rd annual Immigration Law Update “Changes that Affect Your Practice and Clients,” a live webcast.